Incendiary Digital LLC
incendiarydigital.com
Effective Date: April 13, 2026
1. Acceptance of Terms
PLEASE READ THESE TERMS AND CONDITIONS OF USE ('Agreement' or 'Terms') CAREFULLY BEFORE USING THIS WEBSITE. These Terms constitute a legally binding agreement between you ('User,' 'you,' or 'your') and Incendiary Digital LLC, a Florida limited liability company ('Company,' 'we,' 'us,' or 'our'), governing your access to and use of the website located at incendiarydigital.com, including all content, features, products, and services made available through it (collectively, the 'Site').
BY ACCESSING OR USING THE SITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, REGISTERING AN ACCOUNT, OR SUBMITTING CONTENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms in their entirety, you must immediately cease all use of the Site.
We reserve the right to modify these Terms at any time. Your continued use of the Site following the posting of any changes constitutes your binding acceptance of such changes. It is your responsibility to review these Terms periodically.
2. Eligibility and User Representations
By using the Site, you represent and warrant that:
• You are at least eighteen (18) years of age, or the age of majority in your jurisdiction if greater than 18;
• You have the legal capacity and authority to enter into this Agreement;
• You are not located in, under the control of, or a national or resident of any country subject to a U.S. government embargo or that has been designated by the U.S. government as a 'terrorist supporting' country;
• You are not listed on any U.S. government list of prohibited or restricted parties;
• You will comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Site; and
• All registration information you submit is truthful, accurate, current, and complete, and you agree to maintain the accuracy of such information.
If you are using the Site on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms and, in such case, 'you' shall refer to that entity.
3. Account Registration and Security
Certain features or sections of the Site may require you to register for an account. When you create an account, you agree to:
• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your login credentials and accept responsibility for all activities that occur under your account;
• Immediately notify us of any unauthorized use of your account or any other breach of security; and
• Ensure that you exit from your account at the end of each session.
We reserve the right to terminate or suspend your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms. You may not transfer, sell, or assign your account to any third party without our prior written consent. We will not be liable for any loss or damage arising from your failure to comply with the security obligations set forth in this Section.
4. Intellectual Property Rights
4.1 Ownership
The Site and all of its content, features, and functionality, including but not limited to text, graphics, images, photographs, video, audio, data compilations, software, code, design, layout, look and feel, logos, trademarks, service marks, and trade names (collectively, 'Content'), are owned by or licensed to Incendiary Digital LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial purposes. This license does not include the right to:
• Reproduce, distribute, publicly display, or publicly perform any Content;
• Modify, create derivative works from, or reverse engineer any part of the Site;
• Use any data mining, robots, scraping, or similar data gathering or extraction tools;
• Remove, alter, or obscure any proprietary notices, labels, or marks on or in the Site; or
• Use the Site or Content for any commercial purpose or for any public display without our prior written consent.
4.3 Trademarks
The Company name 'Incendiary Digital LLC,' the Site name 'incendiarydigital.com,' and all related logos, product and service names, designs, and slogans are trademarks or service marks of Incendiary Digital LLC. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
4.4 Copyright Complaints
We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. If you believe that any Content on the Site infringes your copyright, please submit a written notification to our designated DMCA agent at the contact information listed in Section 20 of these Terms. Your notification must include: (a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work claimed to have been infringed; (c) a description of where the material is located on the Site; (d) your contact information; (e) a statement of good faith belief; and (f) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.
5. User-Generated Content
5.1 Submission of Content
The Site may allow you to post, upload, submit, store, send, or receive text, files, data, video, audio, photographs, or other materials ('User Content'). You retain ownership of any intellectual property rights you hold in your User Content.
5.2 License Grant to Company
By submitting User Content to the Site, you grant Incendiary Digital LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works from, communicate, publish, publicly perform, publicly display, and distribute your User Content in connection with the operation and promotion of the Site and our business. This license continues even if you stop using the Site.
5.3 Content Standards
You represent and warrant that your User Content does not and will not:
• Violate any applicable law or regulation, including without limitation any federal, Florida state, or local law;
• Infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other proprietary rights of any person or entity;
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• Promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Contain any false, misleading, or deceptive information;
• Contain any viruses, malware, spyware, or other harmful or disruptive code; or
• Involve spam, unsolicited advertising, or any form of unauthorized solicitation.
5.4 Monitoring and Removal
We have the right, but not the obligation, to monitor, review, edit, or remove any User Content at any time and for any reason, including if we believe it violates these Terms, without prior notice and without liability to you.
6. Prohibited Uses
You agree that you will not use the Site to:
• Violate any applicable federal, state, local, or international law or regulation, including but not limited to the laws of the State of Florida;
• Engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Site, or which may harm the Company or users of the Site, as determined in our sole discretion;
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or servers or networks connected to the Site, or interfere with any other party's use of the Site;
• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site, through hacking, password mining, or any other means;
• Use any robot, spider, scraper, or other automated device to access the Site for any purpose;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
• Engage in any other conduct that, in our sole and absolute judgment, restricts, inhibits, or discourages any other person from using or enjoying the Site or exposes the Company or any user to liability of any kind; or
• Use the Site to transmit any unsolicited or unauthorized advertising or promotional material, including any 'junk mail,' 'chain letters,' or 'spam.'
7. Third-Party Websites and Services
The Site may contain links to third-party websites, services, plug-ins, applications, and resources that are not owned or controlled by Incendiary Digital LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Such links do not constitute an endorsement by the Company of any third-party website, service, or content. We strongly advise you to read the terms of service and privacy policy of any third-party site you visit.
We do not warrant or make any representations regarding the use, or the results of the use of, any third-party materials. Your interactions with third parties found on or through the Site are solely between you and the third party. You agree that the Company shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings.
8. Disclaimers and Limitation of Warranties
8.1 As-Is Basis
THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8.2 No Warranty of Accuracy
THE COMPANY DOES NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND DISCRETION.
8.3 Professional Advice
Nothing on this Site constitutes professional legal, financial, medical, psychological, or other professional advice. You should consult a qualified professional before taking any action based on information provided on or through the Site.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING FLORIDA STATUTES, IN NO EVENT SHALL INCENDIARY DIGITAL LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITE.
IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
You agree to defend, indemnify, and hold harmless Incendiary Digital LLC and its officers, directors, employees, agents, members, managers, licensors, service providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
• Your violation of these Terms;
• Your User Content;
• Your use of the Site or any Content obtained through the Site;
• Your violation of any applicable law, rule, or regulation; or
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right.
We reserve the right, at our expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims and will not settle any claim without our prior written consent.
11. Privacy Policy
Your access to and use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection, use, and disclosure of your information as set forth in our Privacy Policy, available at incendiarydigital.com. In the event of any conflict between these Terms and the Privacy Policy with respect to privacy matters, the Privacy Policy shall control.
12. Electronic Communications and Consent
By using the Site or providing us with your email address or other contact information, you consent to receive electronic communications from us, including emails, notices, and other messages. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This consent shall remain in effect until you withdraw it by contacting us as described in Section 20.
Our commercial email communications comply with the federal CAN-SPAM Act, 15 U.S.C. §§ 7701-7713. Each marketing email we send will contain a clear and conspicuous mechanism for you to opt out of future marketing communications. Please note that even if you opt out of marketing communications, we may still send you transactional or administrative messages related to your account or use of the Site.
13. Digital Millennium Copyright Act (DMCA) Compliance
We respect the intellectual property rights of others and comply with the DMCA, 17 U.S.C. § 512. We will respond to notices of alleged copyright infringement that comply with the DMCA. If you believe that Content on the Site infringes your copyright, please submit a notice pursuant to the DMCA to our designated agent identified in Section 20. We reserve the right to remove Content that is alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances and at our discretion, we may terminate accounts of users who are repeat infringers of copyrights or other intellectual property rights.
14. Florida Consumer Protection and Applicable Law
14.1 Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
We operate this Site in compliance with the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. §§ 501.201-501.213. We do not engage in unfair methods of competition or deceptive or unfair acts or practices in the conduct of any trade or commerce. Any concerns regarding potential violations of FDUTPA should be directed to us using the contact information in Section 20.
14.2 Florida Electronic Commerce Provisions
This Agreement is entered into and shall be performed in the State of Florida. Transactions conducted through the Site are subject to applicable Florida and federal consumer protection laws, including but not limited to the Florida Electronic Commerce Act and other applicable statutes governing online commerce, contracts, and consumer rights.
14.3 Sales Tax
To the extent required by Florida law, including Fla. Stat. Chapter 212 (Florida Tax on Sales, Use, and Other Transactions), applicable sales tax will be collected on taxable transactions conducted through the Site and remitted to the Florida Department of Revenue.
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.
15.2 Jurisdiction and Venue
Any legal action or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the state courts of the State of Florida or, where federal jurisdiction applies, in the United States District Court for the applicable District in Florida. You irrevocably consent to personal jurisdiction and venue in such courts and waive any objection to the laying of venue of any such proceeding in such courts.
15.3 Informal Dispute Resolution
Before filing any formal legal claim, you agree to first attempt to resolve the dispute by contacting us at the information provided in Section 20. We will attempt to resolve the dispute informally within thirty (30) days of receiving notice. If the dispute cannot be resolved informally, either party may pursue formal legal remedies.
15.4 Waiver of Class Action
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND THE COMPANY SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY SUCH CLASS OR COLLECTIVE ACTION.
16. Termination
We reserve the right, in our sole and absolute discretion, to terminate or suspend your access to all or any part of the Site at any time and for any reason, including violation of these Terms, without notice or liability to you. You may also terminate your use of the Site at any time by discontinuing your access to the Site and, if applicable, requesting deletion of your account.
Upon termination of your access, your right to use the Site will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions relating to ownership, warranty disclaimers, indemnification, and limitations of liability.
17. Modifications to the Site
We reserve the right to modify, suspend, or discontinue the Site, or any portion thereof, at any time, with or without notice to you, and without liability to you or any third party. We may also impose limits on certain features or restrict access to parts or all of the Site without notice or liability. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.
18. Force Majeure
The Company shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the Company's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, hurricane, governmental action, war, terrorism, civil unrest, labor disputes, telecommunications or internet service failures, or any other cause beyond the Company's reasonable control.
19. General Provisions
19.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published on the Site, constitute the entire agreement between you and Incendiary Digital LLC concerning your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties with respect to the Site.
19.2 Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
19.3 Waiver
No failure or delay by the Company in exercising any right, power, or privilege under these Terms shall operate as a waiver of such right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
19.4 Assignment
You may not assign or transfer these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms or any of our rights and obligations hereunder without restriction. Any purported assignment in violation of this Section shall be null and void.
19.5 Headings
Section headings in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.
19.6 No Third-Party Beneficiaries
These Terms are for the sole and exclusive benefit of the parties hereto and are not intended to, and shall not, create any rights in any third party.
19.7 Export Controls
You agree to comply with all applicable export control laws and regulations of the United States, including the Export Administration Regulations (EAR) and the regulations administered by the Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Last Updated: April 13, 2026 | Incendiary Digital LLC | incendiarydigital.com